HomeMy WebLinkAboutBy-law 4149/72THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NUMBER /f,/ /1_;?-Z
A By-law of the Corporation of the Township
of Pickering for the licensing, regulating
and governing of owners and drivers of taxi-
cabs and other motor vehicles for hire and
establishing the rates or fares to be charged
by the owners or drivers of cabs and livery
cabs for the conveyance of passengers within
the Township of Pickering.
WHEREAS The Corporation of the Township of Pickering
has persuant to The Municipal Act, R.S.O. 1960, Chapter 249, Section 395,
aut ority to enact this By-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF PICKERING HEREBY ENACTS AS FOLLOWS:
1. For the purpose of this By-law:
(a) "BY-LAW ENFORCEMENT OFFICER" means the By-law
Enforcement Officer of the Township of Pickering
appointed by the Council of the Township of
Pickering.
(b) "CHIEF OF POLICE" means the Chief of Police of
The Township of Pickering.
(c) "CAB" means any motor vehicle used for the
conveyance for hire of passengers wholly within
the Township of Pickering or from a point within
the said Township and shall include a Leased
Automobile or Livery Cab.
(d) "LEASED AUTOMOBILE" means any vehicle rented by
the owner thereof and used exclusively by the
lessee for his own personal or professional use
and who does not sub-rent or sub-let such vehicle
out to any other person.
(e) "DRIVER" means a person other than a fleet owner
or independent cab owner who operates a vehicle
as a cab for hire.
(f) "FLEET OWNER" means any person who holds a license
from this Township to use or operate more than one
cab from his taxi stand or sub-stand.
(g) "INDEPENDENT CAB OWNER" means an owner of a cab
who holds a license from this Township to use or
operate one cab only from, or through, the stand
of a licensed fleet owner.
(h) "LIVERY CAB" means a motor vehicle used for hire
for the conveyance of persons and designated by
the Chief of Police as a Livery Cab.
(i) "TAXI CAB BROKER" means any person who accepts
calls in any manner for taxi-cabs that are used
for hire and that are owned by persons other than
himself, his immediate family or his employer.
-2-
(S) "TAXI SURD" means either a building or part of
a building, such as an office, agency or other
commercial establishment, situated within the
limits of this Township, but excludes a residential
dwelling unit.
(k) "TAXICAB LICEESB' means a license issued by the
By-law Enforcement Officer of the Township of
Pickering under the provisions of this By-law with
the approval of the Council of Pickering.
(1) "PERSON" shall include any individual, association,
firm, partnership or corporation.
2. (a) All licenses required by this By-law shall be
issued by the By-law Enforcement officer upon the
direction of Council.
(b) The Chief of Police shall have supervision over
all persons licensed under the provisions of this
By-law and over all cabs, leased automobiles, add
livery cabs, together with the equipment used by
them, and the following shall be the duties and
powers of the Chief of Police in connection with
the provisions of the By-law;
(1) To report to the Council on the performance
of his duties under this By-law whenever he
shall be required by Council to do to.
(2) To make all necessary inquiries concerning
applications for licenses as may be requisite
to secure a due observance of the law and of
this Dy-law.
() Notwithstanding say other section of this
By-liv Council on the recommendation of the
Chief of Police may suspend Pend W further
investigation the license hold by anyone
under this By-law who has been convicted of
an offence under the Criminal Code of Canada
or the Liquor Control Act of Ontario, or has
failed to comply with the regulations under
this By-law.
(4) To submit for Council approval, applications
for licenses, or recommendation for revoking,
cancellation of any license, or the suspension
of any license by him, together with his report
thereon.
(S) To keep a register of all licenses granted by
Council under this By-law, which shall contain
new or names of applications, date of issue
and other such pertinent information and such
other books as Council may order.
(6) To furnish each person taking out a license,
one copy of this By-law and to each owner a
tariff card, setting forth the rates and fares
specified in Schedule 1 hereto, and to each
driver and the owner if he drives his own car,
a badge, both said badge and card to have the
number of the license shown thereon.
(7) To ascertain by inspection and enquiry, from
time to time, and as often as may be required
by the said Council, whether the persons
receiving the licenses continue to comply with
the provisions of the law and of this By-law.
Continued, ..... 3
-3-
3. Any act of duty to be performed by the Chief of Police
under this By-law may be performed by any officer or
constable authorized by the Chief of Police to perform
such act, or duty.
4. (a) No person, being the driver of a motor vehicle
shall use such motor vehicle as a cab without
having first obtained a license from the Township
of Pickering permitting him to drive a motor
vehicle as a cab.
(b) No person, being the driver of a motor vehicle,
shall use such motor vehicle as a cab unless a
Cab Owner's License for such vehicle has first
been obtained from the Township of Pickering.
5. (a) No person, being the owner of a motor vehicle other
than a Leased Automobile, or the lessee of a motor
vehicle being a Leased Automobile, shall use, or
allow the use of such motor vehicle as a cab
without having first applied for and obtained a
Cab Owner's License from the Township of Pickering.
(sa) No person, being the owner of a motor vehicle other
than a Leased Automobile, or the lessee of a motor
vehicle being a Leased Automobile, shall allow the
use of such motor vehicle as a cab unless the driver
thereof has first obtained a license from the
Township of Pickering permitting him to drive a
motor vehicle as a cab.
(b) The By-law Enforcement officer shall not, in any
year, issue more Taxi Cab licenses than those permitted
in Schedule Three (3), of this By-law.
(c) Taxi Cab Licenses issued under the provisions of
this By-law shall be in accordance with Schedule
Two (2) of this By-law.
(d) No person licensed under this By-law shall enjoy
a vested right in the continuance of a license
and upon the issue, renewal, transfer, cancellation
or suspension thereof, the value of a license shall
by the property of the Township of Pickering.
CAB OW-=A!8 L2CENSE:
(a) Every applicant for an owner's license under
this By-law shall submit an application to the
Chief of Police who shall forward it to Council
together with his recommendations.
(b) Every applicant for an owner's license under this
By-law shall submit along with his completed
application, three recent passport-type photographs
and two character references, which shall became
the property of the municipality.
(c) Every Cab owner shall be able to speak, road and
write understandable English.
7., A Float owner shall take out a separate cab license for
each cab to be operated.
8. Every wnsr shall apply for and obtain a cab driver's
license before driving a vehicle as a cab.
Coat inuad...... 4
- 4 -
9. The owner of a vehicle, when making application for a cab
owner's licence under this By-law shall submit the motor
vehicle registration certificatq issued by the Department of
Transportation & Communications, and a copy of his insurance
policy in the principal sum of not less than $500,000.00
Public Liability and Property Damage. Such Policy shall
contain a list of the vehicles,and renewal receipts shall be
filed with the Chief of Police each year during the time in
which the licence is in force.
10. The owner of a vehicle who, while not applying for a Fleet
Owner's Licence may apply for an Indepeadant Cab Owner's Licences
11. Every licenced cab owner shall keep the name of the driver and
motor vehicle registrationcumber of every cab operating from
his stand and a record of the date, time, origin and destination
of each trip; such records shall be retained for six months
and he shall give full information to any police officer or
constable of the Township of Pickering upon being required to
do so, together with such other pertinent information as may
be availablei
12. (a) No licenced owner shall allow any person other
than a driver licenced for the current year under
this by-law, to operate his cab for hire.
(b) No owner licenced under this by-law shall require
any driver or other person employed by him, to work
more than twelve hours within any,,twenty-four
consecutive hoursi In no case shall a driver, or
other person, be employed more than fifteen hours in
any twenty-four consecutive hours, or required to
work more than six days a week.
(c) No owner licenced under this by-law, shall drive a
cab more than twelve hours within any consecutive
twenty-four hours.
(d) No female licenced as an owner or driver under this
by-law shall operate any cab between the hours of
7 p.m. of any day and 7 a.m. of the next following
day and no owner licenced under this by-law shall
employ any female driver between the said hours.
CAB DRIVER'S LICENCES:
13. (a) Every driver of a cab shall, before acting as a
driver of any such vehicle, apply to the Chief of
Police for a licence permitting him to drive such
cab. Every applicant for a cab driver's licence
shall submit with his application three recent passport-
type photographs of himself, at least two local
character references, which shall become the property
of this Municipality. The Chief of Police may forward
the application to Council together with any of his
recommendations.
(b) Every applicant for a licence as a driver shall produce
a chauffeur's licence.
(c) Every cab driver shall be able to speak, read and write
understandable English.
14. (a) Every taxicab driver and every taxicab owner who acts
as a driver, shall carry on his person a metal badge
furnished by the Department and shall display constantly
on the outside of his clothing and shall allow any person
to note the number thereon.
(b) Every driver shall at all times when driving a cab have
his photograph and name affixed and placed in the cab
in such a manner that the same is plainly visible to
anrl readable by passengers in the back F?nl?.
5
1s. (a) No licer_ad owne• . ::river shall vnka. e-wLzms.
:- leave in his possession any liquor while he is
in charge of his cab, nor shall the use of liquor
by him be apparent while he is in charge of such
cab.
(b) The Chief of Police may require any owner or
driver to be medically examined by the Medical
Officer of Health for the County of Ontario and
the Medical officer of Health may make a report
of such examination to the Chief of Police.
(c) No owner or driver of a cab carrying passengers
shall smoke any cigar, cigarette, tobacco or
other substance while driving the cab,
(d) Every driver licensed under this by-law and every
owner, if driving his own cab, shall be properly
dressed, neat and clean in his person, and be
civil and well-behaved, and while on any public
cab stand shall sit or stand sufficiently close
to his cab so as to have it constantly under close
observation, and such drivers or owners shall not
in any way obstruct the use of the sidewalk or make
any loud noise or disturbance.
JAUM UMI8 LICENSE:
16. There shall be taken out by every taxicab broker, a
license to carry on his trade, calling, business or
occupation as a taxicab broker. No person shall, within
the limits of the Township of Pickering carry on as a
taxicab broker until he has procured such license to do so.
17. Every owner, driver, and taxicab broker, licensed under
this by-law shall be of the full ago of twenty-one
(21) years.
18. Every person licensed under this by-law shall, upon
changing his address, notify the Chief of Police
thereof, within two days and give his new address.
PEBTWXWO TO VZZM ,&S
19. (a) Every motor vehicle licensed under this by-law
shall be kept in good repair and the interior
and exterior kept clean.
(b) Upon demand of any Police Constable or Officer,
appointed for enforcing this by-law, the owner
shall produce said vehicle for inspection at any
time without notice.
(c)' Upon notice in writing of any defects o:faults
found as the result of much inspections, the
owner shall forthwith remove the vehicle from
the road until such defects or faults have been
rectified, and, on completion of same, shall
again produce the vehicle for police inspection
before returning it to the road.
(d) Every cab shall be equipped with a spare wheel
and tire properly inflated and ready for use.
(a) The taxicab number plate issued under this by-law
shall at all times, be securely and prominently
affixed to the right rear portion and on the outside
of the vehicle in respect of which the same was issued.
Each vehicle so licensed shall be operated as a taxicab
at all times. Failure to comply with the terms set out
in this section hereof, shall at the discretion of
the Co%%nci.l of the Township of Pickering, be sufficient
cause for revocation of or refusal to renew such
license.
- 6 -
19. (f) A vehicle licensed under this by-law shall not be
operated at a speed greater than that laid down by
the Highway Traffic Act, and shall not be operated
in such a manner as to be dangerous to the public.
(g) No tamer or driver shall drive a cab with luggage
or other material piled or pl&ced in a manner that
obstructs his view.
(h) No person licensed under this by-law shall carry
in any cab a greater number of occupants, or
persons, than the manufacturer's rating of seat
capacity of such cab, inclusive of the driver.
(i) The age of any motor vehicle to be licensed as
a cab under the provisions of this by-law shall be
no more than four years from the year of manufacture
of such vehicle.
(?) Every owner and driver employed by him shall take
due care of all property delivered or entrusted
to him for conveyance or safe keeping. Every
driver immediately upon the termination of any
hiring or engagement, shall carelully search his
cab for any property lost or left therein, and
all property or money left in his cab shall be
forthwith delivered over to the person owning
the same, or if the owner cannot at once be found,
then to the nearest police station, with all
information in his possession regarding the same.
(k) No driver or owner shall knowingly drive or permit
to be driven about the streets in his cab any person
for the purpose of soliciting from the cab for acts
of prostitution.
(1) The owner or driver of a cab shall while such cab
is being used for the transportation of children to
or from school observe and comply with the following
regulations;
a) Not more than six children shall be at any
one time carried in a standard five passenger
cab and not more than eight children shall be
carried at any one time in a standard seven
passenger cab;
b) No child shall be permitted to stand while the
cab is in motion;
c) The cab shall carry on the front and on the
rear thereof signs of not less than eleven inches
by fourteen inches in size clearly and visibly
displaying the words "School Vehicle" in black
letters on a yellow background;
d) The signs referred to in clause c) shall be
carried only when the cab is actually engaged
in transporting children to or from school and
shall be removed when the cab is engaged in
any other business.
(m) The following types of vehicles shall not be used as cabs;
Convertible automobiles, Converted trucks,
Two-door coach automobiles, and automobiles
which the Chief of Police deems to be of
insufficient size to be operated as cabs.
7
-7-
19. (n) In case of violation of the provisions of this
By-law, the license of such vehicle, and the
license, of the driver, may be suspended by the
Chief of Police, and also, may at the discretion
of Council, be revoked.
20. When any licensed owner disposes of a cab and acquires
another cab, before the license for the former may be
transferred to the latter, the latter cab must bo.
submitted to the Chief of Police for approval.
JM RS LWD SIGNS:
21. Every cab licensed under this Dy-law, excepting
leased automobiles, shall have affixed a taximeter
for registering distances travelled and computing
fares to be paid, and for all cabs so equipped the
following provisions shall apply:
Every taximeter shall be:
(a) Submitted, when required, for testing, inspection
and sealing by the Chief of Police.
(b) Illuminated between dusk and dawn.
(c) Attached to the cab in a location and manner
approved by the Chief of Police.
(d) Adjusted in accordance with the Tariff prescribed
by Schedule One of this By-law.
(e) Tested by running the cab in which it is installed,
over a measured distance before it issealed.
(f) Numbered and not used until approved by the
Chief of Police.
(g) Used not longer than six months without re-
testing.
(h) Kept in good working condition at all times,
and not used when defective in any way.
(i) Equipped with a luminous yellow or illuminated
metal plate or flag attached to the top thereof
and approved by the Chief of. Police or person
designated thereby, which plate or flag shall
be in a lowered position when the taximeter
is in operation and in a raised position
clearly visible from any direction outside the
cab when such meter is not in operation, and
shall be connected to the electric sign,
referred to in Section 22 hereof in such manner
that the sign is lighted when the plate or flag
is raised and extinguished when the same is
lowered.
The owner or driver of a cab equipped with a taxi-
meter shall not operate such cab when the taximeter
has been changed, repaired, altered, tampered with,
or adjusted, unless and until the taximeter has been
subsequently tested and sealed by the Chief of Police.
22. Every owner licensed under this By-law shall,
while his cab is operated as a taxicab, have installed
Coast inued...... 8
- a -
on the top of such cab an electric sign, in good
working order; such sign shall be subject to the
approval of the Chief of Police and shall not be a
flashing type, or in either the colours red or blue.
Ambulances, hearses, or self-drive vehicles, shall
not be equipped with roof name signs.
FARES
23. (a) Every licensed driver shall drive the cab
operated by him by the most direct travelled
route to the point of destination, unless
otherwise directed by the passenger.
(b) No owner or driver shall induce any person
to use his cab by knowingly misleading or
deceiving such person as to the location
or distance of any place or by matting any
false representation to such person.
24. No person employing any cab shall refuse, upon demand,
to pay the fare or charge authorized by this By-law.
25. Every licensed person operating a cab equipped with
a taximeter may agree at the request of the passenger,
to operate on an hourly basis, at the rate provided
for under PART TWO of TARIFF "A" of SCHEDULE ONE of
this By-law and the flag of the meter shall be
placed in the recording position throughout the trip.
26, (a) No licensed person shall make any charge under
this By-law for time lost through defects, or
inefficiency, of the cab, or the incompetency
of the driver thereof, or for time consumed by
the arrival of the cab in response to a call
in advance of the time such cab has been
requested by the person calling same.
(b) Every owner or driver licensed under this
By-law shall serve the first person requiring
the service of his cab at any place within the
Pickerirg Township Area at any specified time
by day or night sad if he plead some previous
engagement he shall upon demand give the name
and address of the person to whom he is so
engaged together with the time and place of such
engagement. He shall punctually keep all his
appointments or engagements, and shall not accept
any engagement that a previous appointment would
prevent him from fulfilling, provided however,
that he shall not be compelled to accept any
order from a person wbo owes him for, a previous
fare or service, unless and until the same be
pair.
27. The fares to be charged to the public for the use
of cabs shall be those set out in the Schedule of
Fares hereto attached and forming part of this By-law.
28. No cab operator may solicit fares within three hundred
(300) feet of any corapetitor's licensed taxi stand.
29. Any person duly authorized by the Municipal Law
Enforcement Department-, or any member of said
Department, may at all reasonable times inspect as
much of any place or premises as is used for
the carrying on of any trade, calling, business or
Continued...... 9
,. 9 a
occupation in respect of which any person has or
is required to have a license under this By-law, and
any such person authorized or any member of the
Department may inspect any goods, articles, books,
records and other documents of or relating to any
such trade, calling, business or occupation, and no
person who has or is required ?o have a license
under this By-law shall obstruct or hinder the
making of the inspection aforesaid, or cause or
permit the same to be obstructed or hindered.
30. No person licensed under this By-law shall, because
of race, colour or creed, discriminate against any
member of the public in the carrying on the trade,
calling, business or occupation in respect of which
the license is issued.
31. No person licensed under this By-law shall
(a) permit or allow any tippling or gambling of
any kind to be carried on in, upon or in
connection with a building or premises in
respect of which a license is issued;
(b) keep, place, maintain, permit or allow at,
in, upon or in connection with said building
or premises and faro bank, rouge?et-noire,
roulette table or other gaming devices for
gaming or gambling;
(c) keep, place, maintain, permit or allow at,
in, upon or in connection with said building
or premises any crane, slot, or pin-ball
machine including the bagatelle table type,
or any other device of a similar nature, but
not including merchandise vending machines
or machines for playing recorded music, or
games of skill operated by electric ray from
which no chance reward may be obtained.
32. Every license issued under this By-law shall expire
the thirty-first day of January of the year following
the year for which it is issued; but the licenses
for the following year may be issued at any time during
the month of December.
33. (1) The fees payable under this By-law shall be
on an annual basis and shall be paid to the
Treasurer on application for a license. The
said fees shall be payable as follows:
TAXICAB OWNER;
For each original cab license,.$100.00
For each cab license renewal...$ 50.00
FOR EACH FLEET OWNER'S STAND ....... $ 15.00
FOR EACH CABDRIVER'S LICENSE ...... $ 5.00
(ii) The annual fees payable under this By-law
shall not be prorated, in the event that
a license is applied for and obtained for
a period of less then one year.
- 10 -
34. Any person found guilty of a breach of this by-law
upon conviction thereof, shall be subject to a fine
not exceeding Three Hundred Dollars ($300.00) exclusive
of costs, recoverable under the Ontario Summary Convictions
Act, and in default of payment of such fines and costs,
shall be liable to imprisonment in the Common Gaol of the
County of Ontario for a period of not exceeding twenty-one
(21) days.
35. Any person (including persons holding licences prior to
the passing of this by-law) found by Council not to be
observing the provisions of this by-law, may have their
licence revoked or cancelled.
36. By-law Number 4016/71 be and the same is hereby repealed.
BY-tAW READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS ep '?ay of
// "//tez 1972.
Reeve Clerk
$YI,nw NUMBER ?'?
' 5 C it SS A U L Z O N A"
TAR F /1A"
PART ONE: ilp Aistancee
One to Pour Passengers;
For the first quarter mile or part thereof .............$ .55
For each additional quarter mile or part thereof ....... $ .10
For waiting time while under engagement, for each
1k minutes .... .10
For each additional passenger in excess of four ........ $ .20
Baggage (other than shopplIg or grocery bags);
For each trunk (32 inches by 18 inches by 9 inches or
3 Cu. ft....&$ .50
Band baggage if not carried by passenger inside vehicle
per parcel ..............$ .10
Brief cases and parcels of comparable size shall not be
considered as hand baggage.
Bags and cartons containing groceries (if loaded and
unloaded by driver) per bag..# ...............0 .10
Op to a maximum of 30 cents.
Wheelchairs will be carried free.
PART M., by the hour
for the first hour or part thereof .....................$4.00
For tech additional fifteen (15) minutes ...............$1.00
For each passenger.ia excess of four - per hour ........ $ .75
Baggage (other than shopping or grocery bags):
For each trunk (32 inches by 18 inches by 9 inches or
3 cu, ft..... $ .50
Hand baggage if not carried by passengers inside vehicle
per parcel.... i ......... 4 .10
Brief cases and parcels of comparable size shall not be
considered as hand baggage.
Bags and cartons containing groceries (if loaded and
unloaded by driver) per bag.$ .10
Op to maximum of 30 cents.
Wheelchairs will be carried free.
1ARIPF "'Bu
Rates for livery cabs, except vehicles serving weddings or funerals:
For each 15 minutes or part thereof ....................$1.00
Minimum charge per trip ................................$2.00
LL
SCH$DvLE TWO"
Taxi Cab Licences issued under the provisions of this by-leer shall
be in accordance with the following schedule annually, and shall be
non«traasferable.
One (1) Licence tot Austin's Taxi
Thomas a. Austin
Church Street,
Pickering Village, Ontario.
One (1) Licence tot Don's Taxi
W.D. }Lowry,
131 Exeter Road,
Ajax, Ontario.
Three (3) Licences tot Atlantic Taxi,
Atlantic Taxi Co? 1Stsl$446
6,100 Kingston Aoed.
West Hill. Onterie,
Two (3) Licences tot Ajax Taxi
Harold Bentley
S, Oak Street,
Ajax, Ontario.
Two (2) Lioences tot Abe's Taxi
August Abrahams
931 Liverpool $atd,
Bay Ridges, Ontariq
One (1) Licence tot Mr. R.B. Mahood
1318 Tatra Drive,
Bay Ridges, Ontario.
One (1) Licence tot Mr. B.R. Devoaald
Salem Road.
R.R.1 Pickering, Ontario*
NOTBs Your (4) of the licences previously issued
Austin's Taxi (formerly Temple and Pickering
Taxi) are being held in escrow.
c
Hour (4) of the licences previously issued
to Don's Taxi are being held in escrow.
BY-kA-w M-mm
" SCHEDULE THREE"
TIM BY-LAW ENFORCMW OFFICER OF THE TOWNSHIP
OF PICKZRING SHALL NOT, IN ANY YEAR, ISSUE NJRE
THM HOETBEti (19) TAXI CAB LICENSES.